The governing body must:

• Decide on an admissions policy that doesn’t go against the National Constitution 
• Decide on the language policy of the school
• Decide on what religious practices will be followed at the school (attending any religious practices must be free and voluntary for learners and staff)
• Adopt a code of conduct for learners after consulting with learners, parents and educators
• Promote the best interests of the school and encourage its development by providing quality education for all learners
• Adopt a constitution
• Adopt the mission statement of the school (this sets out the values and beliefs of the school)
• Decide the times of the school day
• Administer the school property, buildings and grounds
• Encourage parents, learners, educators and other staff to offer voluntary services
• Recommend to provincial heads of departments on the appointment of educators at the school
• Allow school facilities to be used by the provincial education department
• The governing body can allow the community to use its facilities for community, social and school fund-raising purposes.

ADOPTING SCHOOL POLICIES

There are various policies and codes of conduct that an SGB must adopt for the school.

ADMISSIONS POLICY  

The SGB must decide on an admissions policy that does not go against the Constitution. This means there must be no unfair discrimination against anyone on any grounds of discrimination, including race, gender, sex, pregnancy, marital status, ethnic or social origin, sexual orientation, age, disability, religion, language, or culture. For this reason, schools cannot require learners to do a test to decide if they qualify for admission. The principal of a school will only make a decision provisionally on behalf of the provincial Head of Department. The MEC in each province is the political head of the provincial education department, has the final say in decisions on admission, and has the power to overturn decisions. The MEC has the final say in admission decisions and they must exercise this power in a fair and reasonable way.  The Department of Basic Education sets national norms and standards for admissions which the SGB’s admission policy must comply with. 

CODE OF CONDUCT FOR LEARNERS

The SGB is responsible for creating a code of conduct in consultation with learners, parents and educators. The Code of Conduct must not go against the Constitution. SGBs can use the guidelines set by the Department of Basic Education called ‘Guidelines for the Consideration of Governing Bodies in Adopting a Code of Conduct for Learners. When developing a Code of Conduct, an SGB must consider the religious, cultural and racial diversity of the school population they serve and develop rules that are inclusive and reflect this diversity. The Code of Conduct must state what conduct is allowed and/or not allowed, and it must say what the disciplinary procedure is, including suspensions, expulsions, and the appeals procedure. The SGB can suspend a learner but it can only recommend the expulsion of a learner to the HOD who is the only person who can decide to expel a learner. The learner has a right to appeal the decision to expel them by appealing to the MEC of the provincial DBE. 

LANGUAGE POLICY

SGBs can decide on a school’s language policy in terms of section 6 of the Schools Act but they must follow the Constitution. The Courts have held that the HOD can intervene in the language policy of a school on reasonable grounds to uphold a learner’s right to education. Section 29 of the Constitution provides that everyone has the right to receive education in the language of their choice where it is reasonably practical, taking into account the need to deal with historical discrimination. The language policy must also take into account the broader needs of the community where the school is based. 

PREGNANCY POLICY

SGBs can make a pregnancy policy but this must not go against the Constitution. The policy must uphold the learners’ right to education and make sure there is no unfair discrimination against a learner based on their pregnancy. The policy should aim to protect pregnant learners from being stigmatised and bullied and provide counselling and sex education. It should also help learners with their pregnancy needs, in other words, so they can return to school after they give birth and are helped with their health and maternal needs.

In the DBE Policy of 2021 on the Prevention and Management of Learner Pregnancy in Schools, the policy provides for sexual and reproductive health services – which include access to information on contraception to help learners to make informed choices, avoid unintended pregnancies, and ensure safe abortions. The policy also ensures that learners can return to school after childbirth, facilitates access for pregnant learners to antenatal care, and ensures that schools provide a stigma-free, nondiscriminatory and non-judgemental environment for pregnant learners.  

RELIGIOUS POLICY 

SGBs can make rules about religious practices but these rules must comply with the Constitution which protects everyone’s right to freedom of religion and opinion. The rules must also comply with Section 8 of the School Act and with the DBE’s National Policy on Religion in Education. It must promote understanding and respect for different religious beliefs. Learners should be free to join or not join a school’s religious practices.